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Articles 1 - 30 of 37
Full-Text Articles in Fourteenth Amendment
Religious Minorities And Secular Rights, Joshua C. Mcdaniel
Religious Minorities And Secular Rights, Joshua C. Mcdaniel
Washington and Lee Law Review
When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on these grounds set precedents not just for believers but for everyone. As a result, many rights we now take for granted stem from religious minorities pressing for the ability to preach, proselytize, and publish their religious views. No account of free speech law would be complete, for instance, without considering the pathbreaking decisions won by Jehovah’s Witnesses.
Although …
Alabama’S Ivf Immunity Law: A Constitutional License To Kill?, Dani Wasshausen
Alabama’S Ivf Immunity Law: A Constitutional License To Kill?, Dani Wasshausen
Washington and Lee Law Review
In today’s post-Dobbs world, states may freely define fetal “persons” and those fundamental rights afforded to them, but not without consequence. The Supreme Court of Alabama’s groundbreaking decision in LePage v. Center for Reproductive Medicine, P.C., holding that frozen embryos are “children” under the Wrongful Death of a Minor Act, led fertility clinics and services across the state to close. These in vitro fertilization (IVF) providers feared liability exposure because their standard practices—including embryonic fertilization, testing, cryopreservation, and transfer—inevitably result in damage or death to embryos. The Alabama Legislature swiftly responded by enacting a law granting broad civil and criminal …
Guess Who?: First-Time In-Court Identifications And Due Process, Natalie Beers
Guess Who?: First-Time In-Court Identifications And Due Process, Natalie Beers
Washington and Lee Law Review
Juries believe eyewitnesses. When an identifying eyewitness takes the stand and points to a defendant in a courtroom, the jury is more likely to render a guilty verdict. But how reliable is that identification? What if the eyewitness is on the stand identifying a perpetrator for the first time, in the court room, rather than at the police station with a lineup or photo array? How do those suggestive circumstances implicate a criminal defendant’s due process rights?
First-time in-court identifications are inherently suggestive. While the Supreme Court has acknowledged the suggestive nature of similar identifications, it did not directly address …
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Washington and Lee Law Review
What is intersectionality’s origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910–1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane captured Black women’s experiences and rights deprivations at the intersection of race and sex. Both Janes were based on Murray’s fundamental belief that the struggles against race and sex discrimination were different phases of the fight for human rights.
In 1966, Murray was part of the …
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Washington and Lee Law Review
This Article analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.
Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme Court …
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Washington and Lee Law Review
No abstract provided.
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
Washington and Lee Law Review
No abstract provided.
Ix. Habeas Corpus And Prisoners' Rights
Ix. Habeas Corpus And Prisoners' Rights
Washington and Lee Law Review
No abstract provided.
Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim
Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim
Washington and Lee Law Review
No abstract provided.
Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons
Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons
Washington and Lee Law Review
No abstract provided.
State Liability To Innocent Prisoners In Prison Uprisings
State Liability To Innocent Prisoners In Prison Uprisings
Washington and Lee Law Review
No abstract provided.
Innkeepers' Liens And The Requirements Of Due Process
Innkeepers' Liens And The Requirements Of Due Process
Washington and Lee Law Review
No abstract provided.
State's Power To Require An Individual To Protect Himself
State's Power To Require An Individual To Protect Himself
Washington and Lee Law Review
No abstract provided.
Post-Miranda Retrials Of Pre-Miranda Defendants
Post-Miranda Retrials Of Pre-Miranda Defendants
Washington and Lee Law Review
No abstract provided.
The Role Of Federal Courts In The Reapportionment Of State Legislatures, Robert L. Montaque, Iii
The Role Of Federal Courts In The Reapportionment Of State Legislatures, Robert L. Montaque, Iii
Washington and Lee Law Review
No abstract provided.
Due Process In Extra-Judicial Identifications
Due Process In Extra-Judicial Identifications
Washington and Lee Law Review
No abstract provided.
The Fourteenth Amendment And The State Action Doctrine
The Fourteenth Amendment And The State Action Doctrine
Washington and Lee Law Review
No abstract provided.
The Bill Of Rights And The Fourteenth Amendment: The Evolution Of The Absorption Doctrine, Alex B. Lacy, Jr.
The Bill Of Rights And The Fourteenth Amendment: The Evolution Of The Absorption Doctrine, Alex B. Lacy, Jr.
Washington and Lee Law Review
No abstract provided.
Speedy Trial And Pre-Trial Incarceration
Speedy Trial And Pre-Trial Incarceration
Washington and Lee Law Review
No abstract provided.
Unconstitutional Judicial Sentences
Unconstitutional Judicial Sentences
Washington and Lee Law Review
No abstract provided.
Convict's Right To Speedy Trial On A Pending Indictment
Convict's Right To Speedy Trial On A Pending Indictment
Washington and Lee Law Review
No abstract provided.
Discriminatory Enforcement Of Blue Laws As Denial Of Equal Protection
Discriminatory Enforcement Of Blue Laws As Denial Of Equal Protection
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Protection Against Double Jeopardy As Element Of Due Process Under Fourteenth Amendment. [United States Supreme Court]
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Washington and Lee Law Review
No abstract provided.
Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr.
Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Right To Assistance Of Out-Of-State Counsel In Criminal Cases As Element Of Due Process Of Law [Cooper V. Hutchinson, Fed. 1950]
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson
Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]
Washington and Lee Law Review
No abstract provided.